83 FR 13523 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range		13523-13524
FR Document		2018-06366

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13523-13524]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-06366]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act

On March 23, 2018, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of North Dakota in the lawsuit entitled United States of America v. XTO
Energy Inc., Civil Action No. 1:18-cv-00060.
The lawsuit seeks injunctive relief and civil penalties for
violations of the Clean Air Act and the Federal Implementation Plan for
Oil and Natural Gas Well Production Facilities; Fort Berthold Indian
Reservation at well pads owned and operated by XTO Energy Inc.
(``XTO'') on the Fort Berthold Indian Reservation in North Dakota. The
violations relate to alleged failures to adequately design, operate,
and maintain storage tank vapor control systems, resulting in emissions
of volatile organic compounds (``VOC'') and other pollutants to the
atmosphere.
The proposed consent decree covers all 20 of XTO's well pads on the
Fort Berthold Indian Reservation. The proposed decree requires XTO to
perform injunctive relief, including conducting engineering evaluations
of the vapor control systems at each of the well pads to ensure that
they are adequately sized and designed. XTO must also complete one
environmental mitigation project, estimated to cost at least $425,000,
and pay a $320,000 civil penalty. Entering into and fully complying
with the proposed consent decree would release XTO from past civil
liability at the tanks systems as associated vapor control systems for
violations of the Fort Berthold FIP relating to VOC emissions from
storage tanks.
The publication of this notice opens a period for public comment on
the consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States of America v. XTO Energy Inc., D.J. Ref.
No. 90-5-2-1-11656. All comments must be submitted no later than thirty
(30) days after the publication date of this notice. Comments may be
submitted either by email or by mail:

------------------------------------------------------------------------
To submit comments: Send them to:
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By email............................ pubcomment-ees.enrd@usdoj.gov.
By mail............................. Assistant Attorney General, U.S.
DOJ-ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------

During the public comment period, the consent decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $17.00 (25 cents per page

[[Page 13524]]

reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-06366 Filed 3-28-18; 8:45 am]
BILLING CODE 4410-15-P

Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13523

Controlled sub- exercise all necessary functions with and maintain storage tank vapor control
Drug code Schedule
stance respect to the promulgation and systems, resulting in emissions of
implementation of 21 CFR part 1301, volatile organic compounds (‘‘VOC’’)
Marihuana Ex- 7350 I incident to the registration of and other pollutants to the atmosphere.
tract. manufacturers, distributors, dispensers,
Marihuana ......... 7360 I The proposed consent decree covers
Tetrahydrocann- 7370 I
importers, and exporters of controlled
all 20 of XTO’s well pads on the Fort
abinols. substances (other than final orders in
connection with suspension, denial, or Berthold Indian Reservation. The
revocation of registration) has been proposed decree requires XTO to
The company plans to bulk
redelegated to the Assistant perform injunctive relief, including
manufacture the listed controlled
Administrator of the DEA Diversion conducting engineering evaluations of
substances to make available to the
National Institute on Drug Abuse Control Division (‘‘Assistant the vapor control systems at each of the
(NIDA) a supply of bulk marihuana for Administrator’’) pursuant to section 7 of well pads to ensure that they are
distribution to research investigators in 28 CFR part 0, appendix to subpart R. adequately sized and designed. XTO
support of the national research In accordance with 21 CFR must also complete one environmental
program needs. No other activities for 1301.34(a), this is notice that on mitigation project, estimated to cost at
these drug codes are authorized for this February 18, 2015, S&B Pharma, Inc., least $425,000, and pay a $320,000 civil
registration. DBA NORAC Pharma, 405 S. Motor penalty. Entering into and fully
Avenue, Azusa, CA 91702 applied for complying with the proposed consent
Dated: March 15, 2018.
renewal of their registration as an decree would release XTO from past
Susan A. Gibson, importer of the following basic classes civil liability at the tanks systems as
Deputy Assistant Administrator. of controlled substances: associated vapor control systems for
[FR Doc. 2018–06323 Filed 3–28–18; 8:45 am]
violations of the Fort Berthold FIP
BILLING CODE 4410–09–P Drug
Controlled substance Schedule relating to VOC emissions from storage
code
tanks.
DEPARTMENT OF JUSTICE 4-Anilino-N-phenethyl-4- 8333 II
The publication of this notice opens
piperidine (ANPP).
Tapentadol ...................... 9780 II a period for public comment on the
Drug Enforcement Administration consent decree. Comments should be
[Docket No. DEA–392] The company plans to import the addressed to the Assistant Attorney
controlled substances in bulk for the General, Environment and Natural
Importer of Controlled Substances manufacture of other controlled Resources Division, and should refer to
Application: S&B Pharma, Inc. substances for its customers. Tapentadol United States of America v. XTO Energy
(9780) will be imported in Intermediate Inc., D.J. Ref. No. 90–5–2–1–11656. All
ACTION: Notice of application.
form to bulk manufacture Tapentadol comments must be submitted no later
DATES: Registered bulk manufacturers of for distribution to its customers. No than thirty (30) days after the
the affected basic classes, and other activity for these drug codes will publication date of this notice.
applicants therefore, may file written be allowed. Comments may be submitted either by
comments on or objections to the Dated: March 15, 2018. email or by mail:
issuance of the proposed registration on Susan A. Gibson,
or before April 30, 2018. Such persons Deputy Assistant Administrator. To submit Send them to:
may also file a written request for a comments:
[FR Doc. 2018–06322 Filed 3–28–18; 8:45 am]
hearing on the application on or before BILLING CODE 4410–09–P By email ....... pubcomment-ees.enrd@
April 30, 2018.
usdoj.gov.
ADDRESSES: Written comments should By mail ......... Assistant Attorney General,
be sent to: Drug Enforcement DEPARTMENT OF JUSTICE U.S. DOJ–ENRD, P.O. Box
Administration, Attention: DEA Federal 7611, Washington, DC
Register Representative/DRW, 8701 Notice of Lodging of Proposed 20044–7611.
Morrissette Drive, Springfield, Virginia Consent Decree Under the Clean Air
22152. All requests for hearing must be Act
During the public comment period,
sent to: Drug Enforcement On March 23, 2018, the Department of the consent decree may be examined
Administration, Attn: Administrator, Justice lodged a proposed consent and downloaded at this Justice
8701 Morrissette Drive, Springfield, decree with the United States District Department website: https://
Virginia 22152. All request for hearing Court for the District of North Dakota in www.justice.gov/enrd/consent-decrees.
should also be sent to: (1) Drug the lawsuit entitled United States of We will provide a paper copy of the
Enforcement Administration, Attn: America v. XTO Energy Inc., Civil
Hearing Clerk/LJ, 8701 Morrissette consent decree upon written request
Action No. 1:18–cv–00060. and payment of reproduction costs.
Drive, Springfield, Virginia 22152; and The lawsuit seeks injunctive relief
(2) Drug Enforcement Administration, Please mail your request and payment
and civil penalties for violations of the
Attn: DEA Federal Register Clean Air Act and the Federal to: Consent Decree Library, U.S. DOJ—
Representative/DRW, 8701 Morrissette Implementation Plan for Oil and Natural ENRD, P.O. Box 7611, Washington, DC
sradovich on DSK3GMQ082PROD with NOTICES

Drive, Springfield, Virginia 22152. Gas Well Production Facilities; Fort 20044–7611.
SUPPLEMENTARY INFORMATION: Berthold Indian Reservation at well Please enclose a check or money order
The Attorney General has delegated pads owned and operated by XTO for $17.00 (25 cents per page
his authority under the Controlled Energy Inc. (‘‘XTO’’) on the Fort
Substances Act to the Administrator of Berthold Indian Reservation in North
the Drug Enforcement Administration Dakota. The violations relate to alleged
(DEA), 28 CFR 0.100(b). Authority to failures to adequately design, operate,

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13524 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

reproduction cost) payable to the United from which $3,045,046 will reimburse reproduction cost) payable to the United
States Treasury. the federal and state trustees for past States Treasury.
Robert Brook, assessment costs ($2,981,841.85 for Thomas P. Carroll,
Assistant Section Chief, Environmental
federal trustees and $63,204 for state Assistant Section Chief, Environmental
Enforcement Section, Environment and trustees) and $7,954,954.15 will be Enforcement Section, Environment and
Natural Resources Division. deposited into the Bayou d’Inde Area of Natural Resources Division.
[FR Doc. 2018–06366 Filed 3–28–18; 8:45 am] Concern Site Restoration Account [FR Doc. 2018–06360 Filed 3–28–18; 8:45 am]
BILLING CODE 4410–15–P within the NRDAR Fund managed by BILLING CODE 4410–15–P
the United States Department of Interior
for use by the trustees to pay for future
DEPARTMENT OF JUSTICE natural resource restoration actions DEPARTMENT OF JUSTICE
selected by the trustees. In
Notice of Lodging of Proposed consideration for the payments to be Notice of Lodging of Proposed
Consent Decree Under the made by the Settling Defendants, and Consent Decree Under the Clean Air
Comprehensive Environmental Act
subject to certain reservations of rights,
Response, Compensation and Liability
the United States, LDEQ and LDWF On March 19, 2018, the Department of
Act and The Clean Water Act
covenant not to sue or take any civil Justice lodged a proposed Consent
On March 22, 2018, the Department of judicial or administrative action against Decree with the United States District
Justice lodged a proposed Consent the Settling Defendants to recover for Court for the Northern District of Ohio
Decree with the United States District the natural resource damages as defined in the lawsuit entitled United States v.
Court for the Western District of in the Consent Decree. Martin Marietta Magnesia Specialties
Louisiana in the lawsuit entitled United LLC, Civil Action No. 3:18–cv–00633.
States, Louisiana Department of The publication of this notice opens The proposed Consent Decree
Environmental Quality, and Louisiana a period for public comment on the resolves claims under Clean Air Act
Department of Wildlife and Fisheries, Consent Decree. Comments should be (‘‘CAA’’) Sections 113(b) and 167, 42
for the State of Louisiana v. CITGO addressed to the Assistant Attorney U.S.C. 7413(b) and 7477, against Martin
Petroleum Corporation, Occidental General, Environment and Natural Marietta Magnesia Specialties LLC
Chemical Corporation, OXY USA Inc., Resources Division, and should refer to (‘‘MMMS’’), the owner and operator of
and PPG Industries, Inc., Civil Action United States, Louisiana Department of a lime manufacturing plant located in
No. 2:18–cv–00402. Environmental Quality, and Louisiana Woodville, Sandusky County, Ohio. The
The Consent Decree resolves Department of Wildlife and Fisheries, Complaint asserts claims pursuant to
Plaintiffs’ claims, as the trustees of for the State of Louisiana v. CITGO the CAA for violations of the Prevention
natural resources, for injuries to natural Petroleum Corporation, Occidental of Significant Deterioration (‘‘PSD’’)
resources in connection with the Chemical Corporation, OXY USA Inc., provisions of the CAA, 42 U.S.C. 7470–
discharge of hazardous substances into and PPG Industries, Inc., D.J. Ref. No. 92, Title V of the Act, 42 U.S.C. 7661 et
Bayou d’Inde in the Calcasieu Estuary 90–11–2–1284/3. All comments must be seq., and the National Emission
located in Calcasieu Parish, Louisiana. submitted no later than thirty (30) days Standards for Hazardous Air Pollutants
Specifically, the United States, on after the publication date of this notice. (‘‘NESHAP’’) provisions of the CAA, 42
behalf of the National Oceanic and U.S.C. 7412, and the NESHAP
Comments may be submitted either by
Atmospheric Administration and the regulations governing lime
email or by mail:
U.S. Department of Interior, as federal manufacturing plants, 40 CFR part 63,
trustees for natural resources injured by subparts A and AAAAA (‘‘Lime
To submit
Settlors’ disposals of hazardous Send them to: MACT’’).
comments:
substances, seek to recover natural Under the proposed Consent Decree,
resource damages pursuant to Section By email ....... pubcomment-ees.enrd@ and at an estimated cost of
107(a) of the Comprehensive usdoj.gov. approximately $20 million, MMMS will
Environmental Response, By mail ......... Assistant Attorney General, address sulfur dioxide (‘‘SO2’’) and
Compensation, and Liability Act U.S. DOJ–ENRD, P.O. Box nitrogen oxide (‘‘NOX’’) emissions from
(‘‘CERCLA’’), 42 U.S.C. 9607(a), and 7611, Washington, DC the Woodville Facility through the
Section 311(f) of the Federal Water 20044–7611. addition of preheaters to Lime Kilns #1
Pollution Control Act (‘‘CWA’’), 33 and #2 and address particulate matter
U.S.C. 1321(f). The Louisiana During the public comment period, (‘‘PM’’) emissions by routing emissions
Department of Environmental Quality the Consent Decree may be examined from Kiln #1 through a baghouse. Kilns
(‘‘LDEQ’’) and the Louisiana Department and downloaded at this Justice #1 and #2 will also be required to meet
of Wildlife and Fisheries (‘‘LDWF’’), for Department website: https:// specified SO2 and NOX emissions limits.
the State of Louisiana, join in this action www.justice.gov/enrd/consent-decrees. Additionally, under the proposed
and also seek to resolve claims under We will provide a paper copy of the Consent Decree, MMMS will pay an
the Louisiana Environmental Quality Consent Decree upon written request $800,000 civil penalty and perform a
Act, La. R.S. § 30:2025. The proposed and payment of reproduction costs. vehicle replacement supplemental
Consent Decree resolves these claims. Please mail your request and payment environmental project valued at
Under the proposed Consent Decree,
sradovich on DSK3GMQ082PROD with NOTICES

to: Consent Decree Library, U.S. DOJ— $375,000.
Settling Defendants CITGO Petroleum ENRD, P.O. Box 7611, Washington, DC The publication of this notice opens
Corporation, Occidental Chemical a period for public comment on the
20044–7611.
Corporation, OXY USA Inc., and PPG Consent Decree. Comments should be
Industries, Inc. are resolving their Please enclose a check or money order addressed to the Assistant Attorney
liability for natural resource damages for $9.75 (25 cents per page General, Environment and Natural
alleged in the Complaint and agree to Resources Division, and should refer to
pay jointly the total sum of $11 million United States v. Martin Marietta

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Document Created: 2018-03-29 00:25:39
Document Modified: 2018-03-29 00:25:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 13523